71 P. 209 | Utah | 1903
after stating the facts, delivered the opinion of the court.
Upon the trial of this case a large number of errors were assigned, most of which relate to the admissibility of certain evidence now forming part of the record. It
Appellants further complain that error was committed in permitting witnesses to answer as to the ordinary and usual method existing among telegraph or telephone companies
Appellants also assign as error the following questions and answers admitted in testimony by one of plaintiff’s witnesses: “When you made that statement -to' him, state
Appellants also assign as error the exclusion of their proffered testimony as to whether the deceased, an unmarried man, was at the time of his death paying attention to
Appellants also complain that evidence was erroneously admitted respecting the authority which was given by the general foreman, placing Buchanan in charge of the
The trial court properly excluded appellants’ proffered testimony tending to show that Buchanan received no greater wages than the other linemen. Such testimony was too
Appellants also strenuously insist that a peremptory instruction in their favor should have been given, because the parents of the deceased, and his only heirs, prior to the
We also think that defendants’ requests Nos. 8, 17, 15, and 22 were properly refused — the first two, because the matters therein contained had been covered in other
Nor' do we think that any error was committed in giving instruction No. 7. That instruction reads as follows:
“(7) By ‘contributory negligence’ is meant such a want of reasonable care and caution on the part of a person injured as directly contributed and caused the injury, and
We see no reversible errors in the record, and the judgment is therefore affirmed, with costs.